Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx

The Appellate Division, Second Department of the New York State Supreme Court has ruled that an unmarried woman who underwent an abortion can recover punitive damages from the medical clinic where theprocedure was performed for the clinic's wrongful disclosure to her mother of private information from which the girl's mother was able to deduce that the girl had undergone a abortion. The case is J. v. Long Island Surgi-Center, decided on September 25, 2007. The appellate court was reviewing a jury verdict awarding the plaintiff $65,000.00 in compensatory damages for emotional distress and $300,000.00 in punitive damages. The plaintiff in the case, according to the court's decision,is an unmarried woman who lived with her parents who strongly disapproved of premarital sex and were implacably opposed to abortion. Because the woman, then 20-years old,was determinedto keep her decision to have an abortion from her parents, she specifically instructed the cl

Consolidated Edison Company of New York, Inc. and Consolidated Edson, Inc. have filed an application in New York State Supreme Court, New York County, requesting that the Justices of the Litigation Coordinating Panelaccept this matter for the scheduling and completion of pre-trial matters in New York County regarding all lawsuits thus far filed and those to be filed regarding the steam pipe explosion of July 18, 2007. As part of its motion Con Ed is requesting that the court issue an interim stay of all such actions. According to Con Ed, sixteen (16) cases have been filed to recover for personal injuries, property damage and/or loss of business income. Thirteen (13) cases have been filed in New York County (Manhattan) and the other three (3) cases have been filed in King

Earlier this month as the school year was beginning, we wrote a blog about safety tips for pedestrians. One of the points made was that it should not be assumed that obeying "Walk/Don't Walk" lights decreases your risk of getting hit because studies show that standard pedestrian signals have no effect on pedestrian-motor vehicle accident rates compared with nonsignalized intersections. Recent travel to Toronto, Canada revealed an interesting and apparently effective way to make crossing streets less risky. In Toronto, situated next to the "Walk/Don't Walk" signal is a lighted signal that counts down the seconds left before the light is going to change colors. This enables the pedestrian to gauge whether he or she has sufficient time to cross safely. It should be borne in mind that under New York law, a pedestrian who has begun to cross a street with the right-of-way has the right to complete crossing the street, and motorists

The Office New York State Attorney General ("OAG") Andrew Cuomo subpoenaed Facebook for documents related to Facebook's safety and security representations and complaint resolution mechanisms. The OAG stated that it is concerned that Facebook's public statements and advertising may be materially misleading and may constitute violations of General Business Law 349 and 350 and Executive Law 63(12). According to the OAG's letter to Facebook, the OAG, after a preliminary review of Facebook.com, has uncovered evidence demonstrating that (1) underage users are targeted by sexual predators on Facebook, (2) there is widespread pornographic and obscene content of Facebook, and (3) Facebook's response to user and parental complaints is slow, sporadic and inconsistent. The OAG is especially concerned these problems are not being adequately addressed and will worsen over time. Cuomo pointed out that prior to September 2005, Facebook justifiably promoted the exclusivi

Concerns have surfacedthat Chantix, the stop-smoking drug manufactured by Pfizer,may have led tomusician Carter Albrecht's bizarre and tragic death on September 5, 2007.That rare psychotic and suicidal behavior are possible side effects of Chantix is mentioned in extreme fine print of the original box insert. However, large-print, pharmacy handouts given to users of the drug warning of nausea, changes in dreaming, constipation, gas, and vomiting with the use of Chantix do not mention rare psychotic and suicidal behavior. Albrecht was keyboard player from pop-music group Edie Brickell and the New Bohemians. Albrecht was also a singer, songwriter and guitar player. On the cusp of a solo career with a solo album in the works, the 34-year-old was poised to break out on his own when a doctor warned Albrecht he might lose his soulful voice if he didn't ditch cigarettes. So Albrecht started taking the stop-smoking drug Chantix. Those closest to Albrecht believ

The Food and Drug Administration issued a warning today about the risk of potentially fatal overdoses with Fentora, a narcotic painkiller manufactured by Cephalon. The action comes less than two weeks after the company sent a letter to doctors notifying them of three drug-related deaths. The FDA has received reports of death and life-threatening side effects in patients who have taken Fentora. The reported deaths were the result of improper selection of patients, dosing, or improper product substitution, according to the FDA. One of the deaths was a suicide. Last October, the FDA approved Fentora for use in cancer patients who experience intense bursts of pain. However, the drug is also sometimes prescribed to treat migraines and short-term pain in non-cancer patients. According to the government warning, using Fentora for off-label, or non-approved, purposes could lead to deadly overdose, particularly in patients who are not taking narcotic painkillers on a regu

2007 is on its way to becoming the year when more toys were recalled than any other year in the history of the toy industry. As of August 15, 2007, the United States Consumer Product Safety Commission ("CPSC") had recalled 40 toys, which extrapolates to 56 recalls by the end of the year. Much attention has been paid to the problem of toys colored with lead paint. Mattel, the world's largest toy company, announced three major recalls, involving some 20 million items. The company said a number of toy cars and Barbie-related accessories had been colored with lead paint. But a new study by two Canadian professors concludes that design flaws, not Chinese manufacturing problems, are the cause of the vast majority of American toy recalls over the last two decades. The study, relying on data from the CPSC, showed that 76.4 percent of the recalls going back to 1988 involved design flaws while 10 percent were caused by manu

Both New York City and New York State have joined together and, following the example of various other states, including Louisiana Mississippi and Utah, have filed suit against Merck& Company. It is alleged that Merck not only defrauded consumers but alsodefrauded the state Medicaid program and other government insurance programs by purposefully concealing the dangerous side effects of Vioxx. Vioxx was prescribed to patients for the treatment of migraines and arthritis but caused a high increase in heart attacks and strokes, and was pulled off the market in September of 2004. Medicaid claims that had Merck been forthcoming of the aforesaidrisks, doctors would not haveprescribed the drug, which Medicaid often paid for. In fact, between the year 1999, when Vioxx was first placed on the market, and 2004, when it was taken off, Medicaid and the State's Elderly Pharmaceutical Insurance Coverage program spentover $100 million on Viox

"40 Kids have 40 days to build a brave new world without adults to help or hinder their efforts," says CBS in describing its new controversial show, Kid Nation. The program, set to debut on September 19th, is being described as a hybrid of CBS's Survivor and Rudyard Kipling's Lord of the Flies. During the 40 days, the children, aged 8 to 15, cooked, cleaned, formed a government, and ran a business without the supervision of any adults in a deserted New Mexico location (which is reported to be a town created with old movie sets). The filming took place during the middle of the school year. Janis Miles, the parent of on child on the program wrote a letter to New Mexico state officials after the completion of production. Miles is the mother of Divad, an eleven year old girl who burned her face while cooking due to hot splattered grease. There are allegations of neglect, endangerment, and abuse. CBS has acknowledged that a few of the children needed medical attentio

Many patients of health maintenance organizations ("HMO") are unaware of their legal right to appeal a decision denying their requested treatment. The desired treatment is normally denied deemedas"medically unnecessary" or "experimental." The law alsoonly provides for a mere 45 day deadline in which one can file this appeal. The ignorance of various patients of their ability to appeal is particularly problematic in light of the fact that, according to the New York State Insurance Department,approximately 42.6 and 49.4 percent of the cases that are appealed are in fact reversed.Therefore, it is important that patients are made aware of their abilityto appealtheir denial of medical treatment and should in fact be encouraged to seek legal counsel to ensure that they are not unreasonably and wrongfully denied treatment. This is especially in light of the fact that the aforementioned wrongful denial of treatment has alreadyled toa multit